Paul D. Simmons v. Teresa A. Simmons

Opinion

ACCEPTED 03-15-00008-CV 6296014 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/30/2015 3:06:28 PM JEFFREY D. KYLE CLERK

No. 03-15-00008-CV FILED IN PAUL D. SIMMONS, ) 3rd COURT IN THE COURT OF OF APPEALS APPEALS FOR AUSTIN, TEXAS Appellant ) 7/30/2015 3:06:28 PM ) JEFFREY D. KYLE v. ) THE THIRD DISTRICTClerk ) TERESA A. SIMMONS, ) Appellee ) OF TEXAS

NOTICE OF DESIGNATION OF LEAD COUNSEL AND REQUEST FOR NOTICE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Robert B. Luther, Attorney for Appellee, and on behalf of

Appellee Teresa A. Simmons, files this Notice of Designation of Lead Counsel and

Request for Notice, and as grounds therefore would show the Court the following:

I. Parties

Appellant is Paul D. Simmons. Appellee is Teresa A. Simmons.

II. Nature of Motion

The nature and purpose of this motion is to designate Robert B. Luther as lead

counsel and further to request that additional notice of all actions from the clerk and

court be sent to co-counsel Garrett C. Higley.

III. Designation ofLead Counsel

The undersigned attorney, ROBERT B. LUTHER, ofLaw Offices ofRobertB.

Luther, P.C., 1800 Rio Grande, Austin, Texas 78701, SBN 12704000, Tel. (512) 477- 2323, Fax. (512) 478-1824, email rbluther@luthlaw.com, hereby gives notice to the

Court, clerk of the court, and Appellant's counsel that he is now designated as lead

counsel in place of the former attorney for Appellee, Kirk Watkins.

IV. Request for Notice

Appellee requests that in addition to the notice of actions and service sent to lead

counsel at the address above, notice of actions and service be also sent to co-counsel

GARRETT C. HIGLEY, PLLC, 508 W. 12th Street, Austin, Texas 78701, (512)514-

1940, Fax No. (512)391-0028, SBN 24046074, email garrett@higleyfamilylaw.com.

WHEREFORE, PREMISES CONSIDERED, the undersigned attorney prays

this Honorable Court accept notice of lead counsel as ROBERT B. LUTHER, and

further include GARRETT C. HIGLEY on the service of notice and actions list in

addition to ROBERT B. LUTHER.

Law Offices of Robert B. Luther, P.C. 1800 Rio Grande Austin, Texas 78701 (512) 477-2323 Fax (512) 478-1824 Email: rbluther@luthlaw.com and GARRETT C. HIGLEY SBN 24046074 Garrett C. Higley, PLLC 508 West 12th St. Austin, Texas 78701 (512)514-1940 Fax No. (512)391-0028 Email: garrett@higleyfamilylaw.com

ATTORNEYS FOR APPELLEE TERESA A. SIMMONS

CERTIFICATE OF CONFERENCE

I hereby certify that on the 28th day of July, 2015, I communicated with the representative of counsel of appellant, Mr. Melvin Gray, and notified her of the intention to become lead counsel, and there was no objection to said designation.

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CERTIFICATE OF SERVICE

I herebyr t a true and correct copy of the above and foregoing has been delivered this day of July, 2015, to the counsel for Appellant and to the Appellee, individually, at the following addresses, by first class mail and by certified mail, return receipt requested:

Mr. Melvin Gray Teresa A. Simmons Attorney at Law 1815 5 Nicks Drive 206 West College Spring Hill, Florida 34610 San Angelo, Texas 76903 Appellee

~-- Attorney for Appellant